Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Punishment of the crime

On September 11, 2016, at around 12:30 on the Seo-gu, Daejeon, the Defendants: (a) was aware of the body of the victim G (3) who was in front of the Kabter to calculate Defendant A; (b) Defendant B, the father of the said A, was sleeped several times by the victim’s breath; and (c) Defendant A, together with Defendant A, committed assault against the victim by breaking the victim’s flat.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The Defendants’ partial statement system (as at the third trial date);

1. Legal statement of witness G;

1. Application of Ctv Video Acts and subordinate statutes

1. Previous convictions in the judgment: Application of the text of the judgment and the net case search statute;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning criminal facts: Defendants who choose a penalty: Article 2 of the same Act and Article 260 (2) 1 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Although the alleged Defendants acknowledged that they acted as stated in the facts charged of the instant case, it constitutes legitimate defense.

2. Determination

(a)an act of a political party to defend against an act of an ordinary attack and a defense is conducted simultaneously between the persons making the same fighting and at the same time between the acts of a attack and the acts of a defense are in the nature of both sides, which are the acts of an attack. Even if they appear to be fighting one another, in fact one party unilaterally commits an attack, and the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as that the other party unilaterally committed an attack and exercised force as a means of resistance to escape from it;

It does not constitute a legitimate defense (see, e.g., Supreme Court Decision 2011Do13927, Dec. 8, 2011) and attack each other.